The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1887-11-29

House took recess to o'clock.
AFTERNOON SESSION.
House met at one o'clock and went
into Committee of the Whole, Noble
Waterhouse in the chair.
POLICE ORGANIZATION.
Consideration of an Act to provide
for and Regulate the Internal Police of
the Kingdom, introduced by Attorney
General Ashford on the 18th inst; also
the majority and minority reports of a
select committee appointed thereon,
18th inst
An amendment to Section l was put
and carried. The section passed as
amended, and reads:
Section |. The Attorney General
shall have care, supervision and con-
troll of the entire Internal Police of the
Kingdom, subject to the provisions of
this Act.
The second section recites in general
terms, the duties of the Marshal, and
provides specifically for the Marsha's
appointment, tenure of office and dis
misSal.
The majority report of the commit
tee recommends that the second section
be amended so as to require the APP
proval of the Supreme Court in the
appointment and removal of the Mar
shall, and that such Court approve the
bonds of the Marshal and the Sheriffs,
and that the bonds be filed in the Of
flee of the Clerk of the Supreme Court.
Signed by w. o. Smith, G. n. Will
cox and j. Mcguire.
The minority report recommends an
amendment to Section requiring the
written concurrence of a majority of
the Justices of the Supreme Court in
the appointment of q Marshal by the
ACKNOWLEDGEMENT, and that the re-
moval of such officer shall be by the
Attorney-General or by the Supreme
Court. Signed by c. w. Ashford and
w. r. Castle.
Noble Young moved an amendment,
providing that the Marshal shall hold
office subject to removal by the At
tOrney-General, and shall also be re-
moved by said Acknowledgement at
the written request of the Justices of
the Supreme Court, or majority of
them.
Rep. Kinney moved the adoption of
the minority report, with Noble
GOungs amendment.
Rep. c. Brown moved the adoption
of the majority report.
Noble Smith said the radical point of diff
ference in the committee was the clause Civ
ing the unrestricted power of removal of the
Marshal to the Attorney-Geueral. The pow
ers conferred on the At.orney-General by
this ill, he considered too great, and danger
Gus to private liberty. If a citizen is ar
rested for treason, it is the Attorney General
that directs the arrest, the Attorney General
through his nominee, the Sheriff, prosecutes
the case, the Attorney General again, should
he acquire power of appointment of District
Justices, will sit and try the case through
another nominee, the same power again has
the drawing of the jury, so that it is
the Attorney General all through the piece
Minister Thurston-ROt, rot, rot.
The Hon. Noble proceeded to say that he
was afraid members were trusting too much
to the responsibility of Ministers. Ministers
during recesses of the Legislature can go on
in the exercise of arbitrary power, and act
unfaithfully to their trust; and before the
next Legislature meets they may resign;
then where is the responsibility He was in
favor of the dismissal and appointment of
the Marshal being with the approval of the
Supreme Court. Members did not know
what kind of Ministry they might have here
some day. He was opposed to investing the
Acknowledgement with such large powers.
just spoken INDUCED in dreams of what may
happen, should the minority report be &C
cepted. He called the attention of the
House to what is and has been happening.
The Attorney General is here the fifth wheel
in coach, and the fifth Minister of the
Government is in the Police Court. This
has been the state of affairs ever since Mar
shall Parke's time. There has, in the inter-
val, been continuous friction between the
Attorney General and the Marshal. Marshal
Soper was at one time obliged to take couR
sci and carry a suit through the Courts, at
his own expense, in defense of one of his
official acts. AS matters stand, the deputy is
superior to the principal. Every one knows
that it is reversion of common sense bust
ness principles to put the Attorney General
in charge of the police force, and put a man
under him to defy him.
As an instance of the practical results of
the present system, a Chinawoman was muir
dered here recently. If the Attorney"Ge General
goes down to the Court to prosecute the case,
the Marshal can ask him what he wants |
there. He can be received or kicked out at
the pleasure of the Marshal.
Can any one tell from the present laws, |
who is the MarshaPs boss, or can the Mar
shall answer the question himself? The Su- |
preme Court is his master, the Attorney Gen
eral IS his master, he is his own master; the |
Jurisdiction is all split up and the end of it |
is, the Marshal does as he pleases. If he can |
hold the favor of the Judges of the Supreme |
Court, another more irresponsible body and |
rightly so, the Atty General has no more power |
than the pictures on the walls over him. In |
former times, there was an abyss between |
the Attorney General and Marshal Soper.
They could not agree and consequently they |
steered clear of each other. Under such a |
state of affairs, it is no wonder that the po-
lice service is at loose ends.
Whatever else may be said of thei triple iu-
the Supreme Court, the Attorney |
General and the Marshal, the Supreme Court
having the power to dismiss the Marshal,
have the whole business by the hip. When
the Judiciary we're placed in position of in
dependence of all other departments of gov
the judges were absolutely divorced
from all participation in matters that per-
tain to the political arena. Give the Judici-
airy the power of appointment and dismissal
of the Marshal. their status will be lowered
and their acts will be criticised as freely and
as ruthlessly as the acts of any other dispen
sers of patronage.
The honorable Mobiles views are desert
ton of the principles on which he was elected
and if he was to go back for reelection on
the views he enuneiated to-day, he would